Summary: Avitabile v. Beach is a federal Second Amendment civil rights lawsuit challenging the State of New York’s ban on Tasers and other nonlethal self-defense weapons. Individual plaintiff Matthew Avitabile is the mayor of Middleburgh, New York and would like to buy and keep a Taser for self-defense. But New York Penal Law § 265.01 states that “A person is guilty of criminal possession of a weapon” if “He or she possesses any….electronic dart gun” or “electronic stun gun,” making the crime punishable as a misdemeanor.
Plaintiffs: Matthew Avitabile (supported by Firearms Policy Coalition, Firearms Policy Foundation)
Defendants: State of New York Superintendent of the New York State Police Lt. Col. George Beach; District Attorney of Schoharie County, New York James Sacket
Litigation Counsel: Stephen Stamboulieh,Stamboulieh Law, PLLC; Alan Beck, Law Office of Alan Beck
Consulting Counsel: Prof. Eugene Volokh, UCLA Law; Stephen Duvernay, Benbrook Law Group
Docket: N.D. NY case no. 1:16-cv-01447 | CourtListener Docket
Important Case Filings:
- 2019-3-22: Opinion
- 2018-10-25: Reply in Support of Cross-Motion for Summary Judgment
- 2018-9-17: Opposition to Cross-Motion for Summary Judgment
- 2018-9-9: Cross-Motion for Summary Judgment
- 2018-8-27: Motion for Summary Judgment
- 2017-10-13: Answer to Amended Complaint
- 2017-9-28: Decision and Order
- 2017-3-10: Reply in Support of Motion to Dismiss
- 2017-3-7: Opposition to Motion to Dismiss
- 2017-3-7: Opposition to Motion for Preliminary Injunction
- 2017-3-6: Opposition to Motion for Preliminary Injunction
- 2017-2-13: Motion for Preliminary Injunction
- 2017-2-13: Answer to Amended Complaint
- 2017-2-13: Motion to Dismiss
- 2017-2-10: Motion to Dismiss
- 2016-12-20: Amended Complaint
- 2016-12-3: Complaint; Declaration of Matthew Avitabile
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